37. Protection from Harassment

Family lawyers may be consulted by those who are being harassed or stalked by someone who is not an associated person. This chapter discusses the law on harassment and the remedies available to clients not protected by the Family Law Act 1996. It details the Protection from Harassment Act 1997, which was enacted to assist those suffering harassment through stalking, antisocial behaviour, or racial harassment.

36. Protection under the Family Law Act 1996: Procedure

This chapter discusses the procedure for obtaining orders under the Family Law Act 1996 without notice, on notice, and when enforcing orders. Proceedings are commenced using a Form FL401 and a statement in support. Proceedings can be commenced in either the county court or family proceedings court. Funding is available for those eligible for CLS funding. The respondent should be personally served with the FL401 and the statement in support unless the application is to be made without notice. Police should be contacted if a non-molestation order is breached and if an occupation order has a power of arrest attached to it.

30. Emergency Protection of Children

When a child is in imminent need of protection, the order used to protect the child is an emergency protection order under s44 of the Children Act 1989. This chapter examines the factors a court will consider when asked to make an emergency order. It also looks at the powers available to the police when faced with a child in need of protection.

28. Child Abduction

This chapter focuses on the issue of parental child abduction, i.e. the removal of children by a parent to another country without the permission of the other parent or the permission of the court. It examines the phenomenon of parental child abduction; the national and international law assisting parents seeking the return of a child; and the law and procedure relevant to preventing child abduction.

6. Divorce

This chapter discusses the grounds for divorce under the Matrimonial Causes Act 1973. These include adultery, unreasonable behaviour, desertion, two years’ separation plus consent, and five years’ separation. The chapter explores each of the five possible facts that prove the ground for divorce and explains the relevance of continued cohabitation between the parties.

27. Private Children Law Procedure

This chapter covers the basic procedure for a s8 Children Act 1989 (CA 1989) order. It discusses who is eligible to apply for an order under s8 CA 1989; public funding available for proceedings under the CA 1989; and the procedure for obtaining an order under the CA 1989 in private law proceedings.

24. Introduction to the Children Act 1989

This chapter examines the Children Act 1989 (CA 1989) and the main principles upon which Children Act proceedings are conducted. It discusses the content of the ‘welfare principle’ and the ‘welfare checklist’ under CA 1989, and explains the principles of ‘no order’ and ‘no delay’.

20. Taxation in Family Law

Family law practitioners must be aware of the tax implications of any financial settlement and make it tax- efficient for the client. This chapter discusses the types of tax most relevant to family law, including income tax, capital gains tax, inheritance tax, and stamp duty land tax.

19. Pensions in Financial Proceedings

This chapter covers pensions and pension orders available to the court. It discusses pension as a financial instrument and how a pension is valued. The chapter explains how pensions are dealt with following divorce or dissolution, including pension offsetting, pension attachment, and pension sharing.

17. Separation and Maintenance Agreements

This chapter discusses the use of separation and maintenance agreements, the essential features of both types of agreements, and the advantages and disadvantages of separation and maintenance agreements. A separation or maintenance agreement can help parties avoid expensive, drawn-out litigation. Separation agreements essentially record that the parties wish to live apart and can include terms about children, property, and maintenance. Maintenance agreements deal with the payment of maintenance to or for the benefit of spouses, civil partners, or children, but do not deal with the separation of the parties.